JAHANGIR JAMSHED MUNIR,J. - (1.) This petition under Article 227 of the Constitution has been brought by a decree holder to set aside an order passed by the IVth Additional District and Sessions Judge/Special Judge (E.C. Act), Bulandshahar dated 16.04.2010, in Execution Case No. 20 of 2004, dismissing the petitioner's Execution Application in his absence, though expressly not saying that the dismissal is in default. Further challenge is laid to an order dated 23.01.2019, passed by the Court aforesaid, rejecting an application under Section 5 of the Limitation Act, filed in aid of an application under Order IX Rule 4 read with Order XXI Rule 106 and Section 151 C.P.C. seeking to set aside the order dated 16.04.2010, dismissing the Execution Application in default of the decree holder.
(2.) Heard Sri Uma Kant Mishra, learned counsel for the petitioner and Sri Sunil Kumar Mishra, learned counsel appearing on behalf of respondent Nos. 2 and 3.
(3.) The question that falls for consideration in this petition is: whether an Execution Application dismissed in default on a day when it is not set down for hearing but for orders or some other proceeding, can be restored with aid of Section 5 of the Limitation Act, through an application made for the purpose, beyond the non condonable limitation of 30 days prescribed under Order XXI Rule 106(3) Code of Civil Procedure?;